ILLINOIS POLLUTION CONTROL BOARD
July 22,
1993
IN THE MATTER OF:
)
)
PETITION OF CONVERSION SYSTEMS,
)
AS 93-4
INC.,
FOR ADJUSTED STANDARD FROM
)
(Adjusted Standard)
35 ILL. ADM. CODE PART 811 (LINER)
)
ORDER OF THE BOARD
(by J. Anderson):
On July
2,
1993, Conversion Systems,
Inc.
(CSI)
petitioned
the Board for an adjusted standard from 35
Iii. Adm. Code 811
(liner).’
The Board has before it a number of motions and
responses regarding procedural matters filed by CSI and the
Environmental Protection Agency
(Agency).
At this time we will
rule only on:
a) that aspect of CSI’s July 2,
1993 motion
regarding procedural matters related to its request for
incorporation by reference;
b) the Agency’s July 16,
1993 motion
for extension of time to file a reply to the motion regarding
procedural matters;
and c) the Agency’s motion for an extension
of time to file its recommendation.
We note that the rest of the
filings involve interrelated issues and that the most recent two
filings,
from the Agency and CSI, were received by the Board on
July 20.
The Board anticipates taking action on the rest of the
filings at its August 5th Board meeting.
Accompanying CSI’s July 2nd adjusted standard filing was a
motion to accept incorporation by reference of the record in AS
92-9
(closed on March 25,
1993) without the need for filing
copies of that some-500 page record in this proceeding and the
companion AS 93-5 proceeding.
Although CSI will be happy to
provide as many copies as the Board may request,
CSI expects that
the Board would still have copies of the recently closed AS 92—9
record and notes that,
if four copies of that record were filed
in each new proceeding, the total pages would be in excess of
4000.
The Board grants CSI’s motion to incorporate the entire AS
92-9 record.
In so granting, we note that,
apart from the size
of the incorporated document,
a) the AS 93-4 and AS 93—5
proceedings are direct outgrowths of AS 92-9; CSI had requested
dismissal of AS 92—9 expressly to give itself time to pursue its
intent to submit a revised refiling.
(See Petition of Conversion
Systems.
Inc. for Adlusted Standard from 35 Ill. Adm. Code
On the same day, July 2,
1993, CSI also filed a
companion petition, docketed as AS 93-5,
for adjusted standard
from 35
Iii. Ad, Code 811
(monofill).
The filings in both
dockets addressing procedural matters, though similar, will be
addressed by separate order.
I
.
.
.
2
810.103,
811.306 and 811.307,
(March 25,
1993 dismissal Order),
AS 92—9),
and
b) the March 25,
1993 dismissal of AS 92—9
has
not
been appealed.
After internal review of the Clerk’s and Board
Member’s records, the Board orders
CSI
to file two copies of the
now-dismissed AS 92-9 record into the record of this AS 93-4
proceeding, one copy of which is to be sent directly to Chairman
Manning’s Springfield office.
The Clerk is also instructed to
place a notation in the AS 93-4 file that an identical copy may
be found in the AS 93-5 file.
The Board grants the Agency’s motion for a seven—day
extension of the seven—day response time contained in 35 Ill.
Adm. Code 101.241.2
Also, on July 20,
1993, the Agency filed a motion for an
extension of the 30—day response time to file its recommendation
contained in 35
Ill.
Adin.
Code 101.241,
101.242.
The Agency
requests that the Board grant a 30-day extension from the date of
the Board’s opinions on CSI’s July 2nd motion regarding
procedural matters and the Agency’s July 20th response to CSI’s
motion and its July 20th motion to dismiss.
We also note that
CSI on July 20,
1993 filed a response to the Agency’s motions to
dismiss and for extension of time to file its recommendation.
Regarding CSI’s response to the Agency’s motion for extension of
time, CSI does not object to an extension for 30 days or less,
as
the Board deems appropriate.
CSI adds that it has had many
meetings with the Agency, and that the Agency has had the large
majority of the supporting technical materials for review for
over a year,
and the remaining materials for from two to six
months.
CSI states, however, that it understands the Agency’s
reluctance to proceed prior to the Board’s acting on the Agency’s
motion to dismiss.
The Board grants the Agency’s motion for extension of time
to file its recommendation,
not to exceed
30 days,
from the date
of the Board’s action on the remaining CSI and Agency filings
regarding the appropriateness of CSI’s request for adjusted
standard relief.
IT IS SO ORDERED.
2
The Board notes that an Agency motion to file its reply
instanter would have been more appropriate,
in that the Agency’s
July 16th filing was ten days beyond its receipt of CSI’s motion.
a
.
.
3
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Bpard,~herebycertify~ha~the above order was adopted on
the
~‘
day of ______________________,
1993, by a vote of
/
~
(1
Control Board
a
.
.